Divorce law in Louisiana

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Divorce law in Louisiana

What exactly does this mean and does it have to be in a basic divorce? “Plaintiff reserves the right to bring other actions for partition of community property and settlement of the claims of the spouses arising from the matrimonial regime and for other relief based on any cause of action or issue arising out of the marriage of the parties.”

Asked on May 14, 2009 under Family Law, Virginia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

Yes, it is usually in a divorce decree to protect the party requesting it.  Why? Let's say you divide (partition) the property that is part of the marital estate and then your ex-spouse gets something that accrued during the marriage.  By including this provision, you have now included a provision allowing you to bring an action to divide that new item.  Or let's say someone sues one spouse for actions that occurred during the marriage.  The spouse can sue the ex spouse to collect his or her share of the judgment if found liable.


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